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Archive: 24 August 2020

Posts in 24 August 2020

No Anti-Profiteering if NO ITC availed by Respondent in post-GST period

August 24, 2020 690 Views 0 comment Print

National Anti-Profiteering Authority (NAA) finds no violation of Anti-Profiteering provisions in construction service. Benefit of ITC not availed post-GST.

No penalty for violation of section 171 Provisions before 01.01.2020

August 24, 2020 1143 Views 0 comment Print

Shri M. Srinivas Vs Director General of Anti-Profiteering (NAA) Respondent has contravened the provisions of Section 171 (1) of the CGST Act, 2017. However, since, the penalty prescribed under Section 171 (3A) of the CGST Act, 2017 for violation of the above provisions has come in to force w.e.f. 01.01.2020 and the infringement pertains to […]

GST: Penalty for Section 171(1) violation effective from 01.01.2020

August 24, 2020 2007 Views 0 comment Print

Ratish Nair Vs Man Realty Ltd. (NAA) In this case Respondent has not passed on the benefit of input tax credit to his buyers w.e.f 01.07.2017 to 30.09.2018 and hence, the Respondent has violated the provisions of Section 171(1) of the CGST Act, 2017. It is also revealed from the perusal of the CGST Act […]

Section 171(3A) Penalty cannot be imposed retrospectively: NAA

August 24, 2020 678 Views 0 comment Print

Pranesh Pathak Vs Bhutani International Medicos (NAA) Since, no penalty provisions were in existence between the period w.e.f. 27.07.2018 to 31.03.2018 when the Respondent had violated the provisions of Section 171 (1), the penalty prescribed under Section 171 (3A) cannot be imposed on the Respondent retrospectively. FULL TEXT OF ORDER OF NATIONAL ANTI-PROFITEERING APPELLATE AUTHORITY […]

Section 171(3A) of CGST Act comes in to force w.e.f. 01.01.2020

August 24, 2020 1731 Views 0 comment Print

NAA Order: Respondent violated CGST Act by not passing GST rate reduction benefits. No penalty for violation of Section 171 (1) between 15.11.2017 to 31.03.2018.

GST: AAR allowed ‘Trucity Developers’ to withdraw application

August 24, 2020 453 Views 0 comment Print

In re Trucity Developers LLP (GST AAR Rajasthan) Q. Whether the sale of plots, commercial or residential by the developer applicant to the buyers shall be considered as taxable supply of goods or service under section 7 of CGST Act, 2017 read with clause No. 5 of schedule III? A. We observed that, authorized signatory […]

GST on bullet proof body building on motor vehicles

August 24, 2020 1479 Views 0 comment Print

In re Jeet & Jeet Glass and Chemicals Pvt. Ltd (GST AAR Rajasthan) The activity carried out by the applicant by making bullet proof body building (in addition to fixing bullet proof windshield glass, bullet proofing of engine and fuel tank) on the motor vehicles (2.5 Ton capacity) of Chapter heading 87 of the Customs […]

All formations of CBIC are live on e-Office: CBIC Chairman

August 24, 2020 918 Views 0 comment Print

I am informed that all the formations of CBIC have now been on-boarded and are live on e-Office. We are one of the few services that has operationalised this application on an All India basis. Senior officers should ensure a smooth and successful transition to this innovative system. I am sure a nudge by senior management would see all zones adapting to this new way of work in a short time.

Section 11 exemption for accumulation cannot be denied for non-filing of Form No. 10

August 24, 2020 3630 Views 0 comment Print

That non filing of the Form No. 10 within stipulated period may be an irregularity but not illegality, if the assessee cures the defect during assessment proceedings, the assessee is entitled to the benefit of accumulation as provided u/s 11(2) of the I.T. Act.

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